'Bride, Groom Should Maintain Gift-List To Prevent False Dowry Cases': Allahabad HC Asks Govt To Show Steps Taken Curb Misuse Of Law

The Allahabad High Court in a recent order directed the Uttar Pradesh government to show steps taken to implement the Dowry Prohibition Act and prevent its misuse.

In a recent verdict, the Allahabad High Court noted that a sizable number of litigations arising out of Dowry Prohibition Act, 1961 were coming up in the court and thus maintaining a list of gifts received by the bride or bridegroom at the time of marriage becomes important to prevent false cases of dowry.

The court pointed out that the Section 3(2) of the Dowry Prohibition Act, states that the presents given at the time of marriage to the bride or bridegroom which are entered in the list maintained in accordance with the Rules made under the Act shall not be construed as dowry under Section 3 of the Dowry Prohibition Act.

A bench of Justice Vikram D. Chauhan said that as per the aforesaid provision of law, list of presents which are given at the time of marriage without the demand of dowry are required to be entered in a list and the aforesaid list is required to be signed by both bride and bridegroom. 

HC Asks UP Govt To Show Steps To Prevent Misuse of Dowry Law

The court further directed the Chief Secretary, U.P. or any other officer authorised by him to file an affidavit as to whether in terms of Section 8B of the Act, Dowry Prohibition Officers have been appointed by the State Government. Under section 8B of the Dowry Prohibition Act, Dowry Prohibition Officers are required to be appointed for the purpose to see that the provisions of the Dowry Prohibition Act are complied with.

The court further directed souht explaination from UP government in case Dowry Prohibition Officers have not been appointed till date.

"...the State Government shall explain as to why the Dowry Prohibition Officers have not been appointed when the dispute of dowry is rising...In the event, the State Government has appointed Dowry Prohibition Officers, it is then imperative that the steps taken by such Dowry Prohibition officers towards implementation of the provisions of the Dowry Prohibition Act is shown in respect of preparation of list of presents given in the marriage as per section 3(2) of the Dowry Prohibition Act."

The court further said directed the UP govt to disclose the orders issued for implementation of the Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985.

"The Dowry Prohibition Officers are enjoined with the duty to ensure compliance of the Dowry Prohibition Act and the Rules framed thereunder. The affidavit shall also disclose how many Dowry Prohibition Officers have been appointed throughout the State and at what level...The State Government shall also file an affidavit to the effect whether at the time of registration of marriage, list of presents as required by the Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985 are being taken by the officers and being maintained so that subsequently in the event there is dispute between the parties to marriage with regard to the presents being given in marriage being designated as dowry, the same can be verified," the court said while directing 

What Is The Punishment For Taking Dowry

Under the current law, if any person gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment for a term which shall not be less than five years, and with fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more.

However, Section 3 (2) of same Act states that the penalty of taking dowry shall not apply on the presents which are given at the time of a marriage to the bride (without any demand having been made in that behalf), provided that such presents are entered in a list maintained in accordance with the rules made under this Act. Similarly, presents which are given at the time of a marriage to the bridegroom (without any demand having been made in that behalf) cannot be termed as dowry provided the list is maintained.

"Provided that such presents are entered in a list maintained in accordance with the rules made under this Act: Provided further that where such presents are made by or on behalf of the bride or any person related to the bride, such presents are of a customary nature and the value thereof is not excessive having regard to the financial status of the person by whom, or on whose behalf, such presents are given," the order read.